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NATIONWIDE AGRIBUSINESS INSURANCE COMPANY, Plaintiff–Appellee, v. Toni L. DUGAN and James R. Dugan, Defendants–Appellants.

BAUER, Circuit Judge.

Glen E. Amundsen, Michael L. Resis, Smithamundsen, LLC, Chicago, IL, for Plaintiff–Appellee.

Stanley J. Goodkin, Stanley Goodkin, LLC, Clayton, MO, for Defendants–Appellants.

Opinion

BAUER, Circuit Judge.

At the heart of this diversity action is an automobile insurance policy that plaintiff-appellee, Nationwide Agribusiness Insurance Company, issued to defendants-appellants, Toni L. Dugan and James R. Dugan. The parties filed cross-motions for summary judgment to resolve a dispute as to Nationwide's underinsured motorist coverage obligations under the policy. The district court granted Nationwide's motion for summary judgment and denied the Dugans' cross-motion, holding that Nationwide did not owe the Dugans underinsured motorist coverage. The Dugans appeal. For the reasons that follow, we affirm.

I. BACKGROUND

The facts are not in dispute. In late December 2010, Toni Dugan was involved in an automobile accident with a vehicle owned by Chelsea Rainey. The Dugans claimed upwards of $200,000 in damages as a result of the collision. Rainey's insurer, American Family Mutual Insurance Company, offered $100,000 (the limit under Rainey's policy) to Toni Dugan and her husband James Dugan, who claimed loss of consortium due to his wife's injuries, to settle their claims. The Dugans accepted the settlement.

The Dugans then sought additional recovery from Nationwide pursuant to the underinsured motorist provisions of their Nationwide policy. That policy insured four vehicles, including the vehicle Toni Dugan was driving at the time of the accident, and provided underinsured motorist

coverage limits of $100,000 per person and $300,000 per accident for each of the four covered vehicles. The policy declarations page, reproduced below, lists each of the four covered vehicles separately along with the separate underinsured motorist limit applicable to each vehicle and the separate premium charged for each vehicle.

COVERAGE AND LIMITS OF LIABILITY (In Dollars)

Coverage is provided where a premium or limit of liability is shown for coverage.

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Nationwide Agribusiness Ins. Co. v. Dugan
(Jul 21, 2015)